Explanation
The Ohio General Assembly enacted Senate Bill 9 and House Bill 163, consisting of a revision of state OVI laws. The enactment of Senate Bill 9 and House Bill 163 created a disparity between existing City ordinances and the general laws of the state of Ohio, which may result in City ordinances being found to be unenforceable. This legislation will reconcile the City Code with the amendments to state law.
Emergency Designation: This ordinance is being submitted as an emergency measure to remove the conflict between state law and local ordinance at the earliest possible date.
Title
To amend various sections within Chapters 921, 2133 and 2141 of the Columbus City Codes, 1959, to maintain consistency between state OVI laws and City OVI ordinances; and to declare an emergency.
Body
WHEREAS, the City of Columbus has the ability to enforce all local police, sanitary, and other similar regulations as are not in conflict with the general laws of the State of Ohio pursuant to Article XVIII, Section 3 of the Ohio Constitution, and
WHEREAS, the Ohio General Assembly has enacted Senate Bill 9 and House Bill 163 which consists of a revision of state OVI laws; and
WHEREAS, the enactment of SB 9 and HB 163 has created disparity between existing city OVI ordinances and general laws of the State of Ohio, which inconsistencies, in some instances, will cause the city ordinances to potentially be in conflict with the general laws of the State of Ohio; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to amend various sections within Chapters 921, 2133 and 2141 of the Columbus City Codes, 1959, to remove any inconsistencies that may hinder enforcement of City ordinances at the earliest possible date; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That Chapters 921, 2133 and 2141 of the Columbus City Codes, shall be amended and shall read as follows:
921.01 Definitions.
As used in this chapter:
(1) "Canoe" means a narrow vessel of shallow draft, pointed at both ends and propelled by human muscular effort, and includes kayaks, racing shells, and rowing sculls.
(2) "City-controlled" includes all city-owned land, including but not limited to leases, easements and other legal agreements and all waters within the territorial limits of the city of Columbus or bounded by city-owned lands.
(3) "Coast Guard approved," means bearing an approval number assigned by the United States Coast Guard.
(4) "Contiguous property" shall mean lands owned by persons upstream from the dams which have a common boundary line with reservoir lands but not including abutting property separated from the reservoir by a right-of-way dedicated for public use.
(5) "Director, auditor, treasurer" shall mean the duly appointed officers of the city acting in their official capacity or through their deputies or employees legally authorized to act in their stead.
(6) "Diver's flag" means a red flag not less than one (1) foot square having a diagonal white stripe extending from the masthead to the opposite lower corner that when displayed indicates that divers are in the water.
(7) "Dock" means a structure or platform designed to provide access to or an area to secure watercraft. Boat docking facility means any facility supporting watercraft and designated by the director of recreation and parks, which excludes private permitted dock structures.
(8) "Idle speed" means the slowest possible speed needed to maintain steerage or maneuverability.
(9) "Immediate family" mean those family members residing within the same household.
(10) "Income taxpayer" means a taxpayer of the Columbus City Income Tax for the year preceding the issuance of any license, slip rental permit or private dock lease.
(11) "Inflatable watercraft" means any vessel constructed of rubber, canvas, or other material that is designed to be inflated with any gaseous substance, constructed with two (2) or more air cells, and operated as a vessel. Inflatable watercraft propelled by a motor shall be classified as powercraft and shall be registered by length. Inflatable watercraft propelled by a sail shall be classified as a sailboat and shall be registered by length. Excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
(12) "In operation" in reference to a vessel means that the vessel is being navigated or otherwise used on the waterways of this city.
(13) "Law enforcement vessel" means any vessel used in law enforcement and under the command of a law enforcement officer.
(14) "Muffler" means an acoustical suppression device or system that is designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.
(15) "Navigable waters," means waters which come under the jurisdiction of the Department of the Army of the United States and any waterways within or adjacent to this state, except inland lakes having neither a navigable inlet nor outlet.
(16) "No wake" has the same meaning as "idle speed."
(17) "Operator" includes any person, who navigates or has under his the person's control a vessel, or vessel and detachable motor, on the waterways of this city.
(18) "Ordinary high water mark" means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
(19) "Owner" includes any person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein that entitled the person to that possession.
(20) "Pedal boat," means any watercraft designed to be propelled by pedals only through human muscular effort.
(21) "Person" includes any legal entity defined as a person in Section 1.59 of the Revised Code and any body politic, except the United States and this state, and includes any agent, trustee, executor, receiver, assignee, or other representative thereof.
(22) "Personal watercraft" means a vessel, less than sixteen (16) feet in length, that is propelled by machinery and designed to be operated by an individual sitting, standing, or kneeling on the vessel rather than by an individual sitting or standing inside the vessel.
(23) "Powercraft" means any vessel propelled by machinery, fuel, rockets, or similar device.
(24) "Reservoirs" shall mean the O'Shaughnessy, Griggs and Hoover water supply storage reservoir, and all adjacent city lands, unless specifically designated otherwise, from the dams upstream to the further most upstream extent of city-owned shores of the streams feeding into the reservoirs.
(25) "Resident" shall mean a bona fide resident or registered voter of the city.
(26) "Rowboat" means any vessel, except a canoe, that is designed to be rowed and that is propelled by human muscular effort by oars or paddles and upon which no mechanical propulsion device, electric motor, internal combustion engine, or sail has been affixed, or is used for the operation of such the vessel.
(27) "Sailboat" means any vessel, equipped with mast and sails, dependent upon the wind to propel it in the normal course of operation.
(a) Any sailboat equipped with an inboard engine is deemed a powercraft with auxiliary sail.
(b) Any sailboat equipped with detachable motor is deemed a sailboat with auxiliary power.
(c) Any sailboat being propelled by mechanical power, whether under sail or not, is deemed a powercraft and subject to all laws and rules governing powercraft operation.
(28) "Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.
(29) "South Side Scioto River Park" means the area bounded downstream by the spillway at Greenlawn Avenue and upstream a distance of one and one-quarter (1-1/4) statute miles.
(30) "Type one personal flotation device" means a device which that is designed to turn an unconscious person floating in water from a face downward position to a vertical or slightly face upward position, and that has at least nine (9) kilograms, approximately twenty (20) pounds, of buoyancy.
(31) "Type two personal flotation device" means a device which that is designed to turn an unconscious person in the water from a face downward position to a vertical or slightly face upward position and that has at least seven (7) kilograms, approximately fifteen and four-tenths (15.4) pounds, of buoyancy.
(32) "Type three personal flotation device" means a device which that is designed to keep a conscious person in a vertical or slightly face upward position and that has at least seven (7) kilograms, approximately fifteen and four-tenths (15.4) pounds of buoyancy.
(33) "Type four personal flotation device," means a device that is designed to be thrown to a person in the water and not worn and has at least seven and five-tenths (7.5) kilograms, approximately sixteen and five-tenths (16.5) pounds, of buoyancy., and designed to be thrown to a person in the water and not worn.
(34) "Type five personal flotation device" means a device that, unlike other personal flotation devices, has limitations on its approval by the United States Coast Guard, including, without limitation, all of the following:
(a) The approval label on the type five personal flotation device indicates that the device is approved for the activity in which the vessel is being used or as a substitute for a personal flotation device of the type required on the vessel in use;
(b) The personal flotation device is used in accordance with any requirements on the approval label;
(c) The personal flotation device is used in accordance with the requirements in its owner's manual if the approval label refers to such a manual.
(35) "Vessel" includes every description of watercraft, including non-displacement craft and seaplanes, designed to be used as a means of transportation on water. Excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
(36) "Visible" means visible on a dark night with clear atmosphere.
(37) "Watercraft" means any of the following when used or capable of being used for transportation on the water:
(a) A vessel operated by machinery either permanently or temporarily affixed;
(b) A sailboat other than a sailboard; Board type sailboats without rigidly affixed masts; commonly referred to as "sailboards" are not watercraft; excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
(c) An inflatable, manually propelled boat that is required by federal law to have a hull identification number meeting the requirement of the United States Coast Guard;
(d) A canoe or rowboat.
"Watercraft" does not include ferries as referred to in Chapter 4583 of the Revised Code.
"Watercraft" excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
Watercraft subject to Section 1547.54 of the Revised Code shall be divided into five (5) classes as follows:
Class A: Less than sixteen (16) feet in length;
Class 1: At least sixteen (16) feet but less than twenty-six (26) feet in length;
Class 2: At least twenty-six (26) feet but less than forty (40) feet in length;
Class 3: At least forty (40) feet but not more less than sixty-five (65) feet in length.
Class 4: At least sixty-five (65) feet in length.
(38) "Watercraft dealer" means any person who is regularly engaged in the business of manufacturing, selling, displaying, offering for sale, or dealing in vessels at an established place of business. "Watercraft dealer" does not include a person who is a marine salvage dealer or any other person who dismantles, salvages, or rebuilds vessels using used parts.
(39) "Waterways of the city" shall mean all city-administered water including, but not limited to reservoirs, reservoir lands, rivers, lakes, creeks, streams, ponds and water-filled quarries. Unless otherwise provided, this chapter applies to all vessels operating on waterways of this city. Nothing in this chapter shall be construed in contravention of any valid federal act or regulations, but is in addition to such act or regulation where not inconsistent.
(40) "Drug of abuse" has the same meaning as in section 4506.01 of the Revised Code.
(ORC 1547.01)
921.11 Operation or physical control under influence of alcohol or drug; testing.
(A) No person shall operate or be in physical control of any vessel underway, or shall manipulate any water skis, aquaplane, or similar device upon the waterways of the city if, at the time of the operation, control, or manipulation, any of the following applies:
(1) The person is under the influence of alcohol, or a drug of abuse, or the combined a combination of them influence of alcohol and a drug of abuse;
(2) The person has a concentration of ten eight-hundredths (0.10 08) of one (1) percent or more by weight of alcohol per unit volume in the person's whole blood;
(3) The person has a concentration of ninety-six-thousandths of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma;
(3) (4) The person has a concentration of fourteen eleven-hundredths (0.14 11) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of the person's urine;
(4) (5) The person has a concentration of ten eight-hundredths (0.10 08) of one (1) gram or more by weight of alcohol per two hundred ten (210) liters of the person's breath.
(6) Except as provided in division (H) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
(a) The person has a concentration of amphetamine in the person's urine of at least five hundred nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma.
(b) The person has a concentration of cocaine in the person's urine of at least one hundred fifty nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma.
(c) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma.
(d) The person has a concentration of heroin in the person's urine of at least two thousand nanograms of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma.
(e) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's whole blood or blood serum or plasma.
(f) The person has a concentration of L.S.D. in the person's urine of at least twenty-five nanograms of L.S.D. per milliliter of the person's urine or has a concentration of L.S.D. in the person's whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person's whole blood or blood serum or plasma.
(g) The person has a concentration of marihuana in the person's urine of at least ten nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma.
(h) Either of the following applies:
(i) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, as measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least fifteen nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(ii) As measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least thirty-five nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(i) The person has a concentration of methamphetamine in the person's urine of at least five hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(j) The person has a concentration of phencyclidine in the person's urine of at least twenty-five nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma.
(B) No person under twenty-one (21) years of age shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waterways of the city if, at the time of the operation, control, or manipulation, any of the following applies:
(1) The person has a concentration of at least two-hundredths (0.02) of one (1) per cent, but less than ten eight-hundredths (0.10 08) of one (1) percent by weight of alcohol in the person's whole blood;
(2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma;
(2) (3) The person has a concentration of at least twenty-eight one-thousandths (0.028) of one (1) gram, but less than fourteen eleven-hundredths (0.14 11) of one (1) gram by weight of alcohol per one hundred (100) milliliters of the person's urine;
(3) (4) The person has a concentration of at least two-hundredths (0.02) of one (1) gram, but less than ten eight-hundredths (0.10 08) of one (1) gram by weight of alcohol per two hundred ten (210) liters of the person's breath.
(C) In any proceeding arising out of one (1) incident, a person may be charged with a violation of subsection division (A)(1) and a violation of subsection division (B)(1), (2), or (3), or (4) of this section, but the person shall not be convicted of more than one (1) violation of those subsections divisions.
(D) (1)In any criminal prosecution or juvenile court proceeding for a violation of this section or of an ordinance of any municipal corporation relating to operating a vessel or using any water skis, aquaplane, or similar device while under the influence of alcohol or a drug of abuse, division (A) or (B) of this section, the court may admit evidence on the concentration of alcohol, or a drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant's or child's whole blood, blood serum or plasma, urine, or breath at the time of the alleged violation as shown by chemical analysis of the substance withdrawn, or specimen defendant's blood, urine, or breath taken within two (2) three hours of the time of the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in division (C) of section 1547.111 of the Revised Code as the maximum period of time during which a person may consent to a chemical test or tests as described in that section.
When a person submits to a blood test, only a physician, a registered nurse, or a qualified technician, or chemist, or phlebotomist shall withdraw blood for the purpose of determining it's the alcohol, or drug, of abuse controlled substance, metabolite of a controlled substance, or combination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse, or qualified technician or chemist person authorized to withdraw blood under this division may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content under this division if, in the that person's opinion, of the physician, nurse, or technician or chemist, the physical welfare of the person defendant or child would be endangered by the withdrawing of blood.
The whole blood, blood serum or plasma, urine, or breath shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director pursuant to Section 3701.14.3 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding for a violation of division (A) of this section, Iif there was at the time the blood, urine, or breath bodily substance was taken a concentration of less than ten-hundredths (0.10) of one (1) percent by weight of alcohol in the defendant's blood, less than fourteen-hundredths (0.14) of one (1) gram by weight of alcohol per one hundred (100) milliliters of the defendant's urine, or less than ten-hundredths (0.10) of one (1) gram by weight of alcohol per two hundred ten (210) liters of the defendant's breath the applicable concentration of alcohol specified for a violation of division (A)(2), (3), (4), or (5) of this section or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of division (A)(6) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant or in making an adjudication for the child. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (B) of this section.
(3)Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney or agent, immediately upon the completion of the test analysis.
The person tested may have a physician, a registered nurse, or a qualified technician, or chemist, or phlebotomist of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(E) For the purposes of this section, "operate" means that a vessel is being used on the waterways of the city when the vessel is not securely affixed to a dock or to shore or to any permanent structure to which the vessel has the right to affix or that a vessel is not anchored in a designated anchorage area or boat camping area that is established by the United States Coast Guard, this state, or a political subdivision and in which the vessel has the right to anchor. (Ord. 805-05 § 1 (part).)
(a) The officer may testify concerning the results of the field sobriety test so administered.
(b) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
(c) If testimony is presented or evidence is introduced under division (E)(1)(a) or (b) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence, and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
(2) Division (E)(1) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (E)(1) of this section.
(F)(1) Subject to division (F)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of this section or for an equivalent violation, the court shall admit as prima-facie evidence a laboratory report from any laboratory personnel issued a permit by the department of health authorizing an analysis as described in this division that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division. The laboratory report shall contain all of the following:
(a) The signature, under oath, of any person who performed the analysis;
(b) Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties;Break1
(d) An outline of the analyst's or test performer's education, training, and experience in performing cation that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the department of health.
(2) Notwithstanding any other prvision of law regarding the admission of evidence, a report of the type described in division (F)(1) of this section is not admissible against the defendant or child to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's or child's attorney or, if the defendant or child has no attorney, on the defendant or hild.
(3) A report of the type described in divsio)(1) of this section shall not be priacie evidence fcntents, identity, or aount of any substance if, within seven days after the defendant or chid to whom the report pertains or the defendant's or child's attorney receives a copy of the report, the defendant or child or the defendant's or child's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice.
(G) Except as otherwise provided in this division, any A physician, registered nurse, or qualified technician, or chemist, or phlebotomist who withdraws blood from a person pursuant to this section, and a hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal and civil liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
(H) Division (A)(6) of this section does not apply to a person who operates or is in physical control of a vessel underway or manipulates any water skis, aquaplane, or similar device while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that division, if both of the following apply:
(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
(I) As used in this section:
(1) "National highway traffic safety administration" has the same meaning as in section 4511.19 of the Revised Code.
(2) "Operate" means that a vessel is being used on the waters of the city when the vessel is not securely affixed to a dock or to shore or to any permanent structure to which the vessel has the right to affix or that a vessel is not anchored in a designated anchorage area or boat camping area that is established by the United States coast guard, this state, or a political subdivision and in which the vessel has the right to anchor.
(3) "Controlled substance" and "marihuana" have the same meanings as in section 3719.01 of the Revised Code.
(4) "Cocaine" and "L.S.D." have the same meanings as in section 2925.01 of the Revised Code.
921.111 Implied consent.
(A)(1) Any person who operates or is in physical control of a vessel or manipulates uses any water skis, aquaplane, or similar device upon any waterways of the city shall be deemed to have given consent to a chemical test or tests of the person's blood, breath, or urine for the purpose of determining its alcohol or drug of abuse content to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine if arrested for the offense of operating or being in physical control of a vessel or using manipulating any water skis, aquaplane, or similar device in violation of Section 921.11 of the city code or similar statute in the Revised Code.
(2) The test or tests under division (A) of this section shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been was operating or in physical control of a vessel or using manipulating any water skis, aquaplane, or similar device in violation of Section 921.11 of the city code or similar statute in the Revised Code. The law enforcement agency by which the officer is employed shall designate which of the test or tests shall be administered.
(B) Any person who is dead, or unconscious or who is otherwise is in a condition rendering the person incapable of refusal shall be deemed not to have withdrawn consented as provided by subsection in division (A)(1) of this section, and the test or tests may be administered, subject to Sections 313.12 to 313.16 of the Revised Code.
(C) Any person under arrest for the offense of operating a vessel or using any water skis, aquaplane, or similar device in violation of violating Section 921.11 of the city code or similar statute in the Revised Code shall be advised of the consequences of refusing to submit to a chemical test or tests designated by the law enforcement agency as provided in subsection division (A) of this section. The advice shall be in a written form prescribed by the Chief
of the Division of Watercraft and shall be read to the person. The form shall contain a statement that the form was shown to the person under arrest and read to him the person by in the presence of the arresting officer. and either another law enforcement officer, civilian law enforcement employee, or an employee of a hospital, first-aid station, or clinic, if any, to which the person has been taken for first-aid or medical treatment. The witnesses shall certify to this fact by signing the form. The reading of the form shall be witnessed by one or more persons, and the witnesses shall certify to this fact by signing the form. The person must submit to the chemical test or tests, subsequent to the request of the arresting officer, within two hours of the time of the alleged violation, and if the person does not submit to the test or tests within that two-hour time limit, the failure to submit automatically constitutes a refusal to submit to the test or tests.
(D) If a person under arrest for the offense of operating a vessel or using any water skis, aquaplane, or similar device in violation of Section 921.11 of the city code or similar statute of the Revised Code refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in subsection (A) of this section, after first having been advised of the consequences of the person's refusal as provided in subsection (C) of this section, If a law enforcement officer asks a person under arrest for violating section 921.11 of the city code to submit to a chemical test or tests as provided in division (A) of this section, if the arresting officer advises the person of the consequences of the person's refusal as provided in division (C) of this section, and if the person refuses to submit, no chemical test shall be given., but the chief, uUpon receipt of a sworn statement of the law enforcement officer that the arresting law enforcement officer had reasonable grounds to believe the arrested person had been operating a vessel or using any water skis, aquaplane, or similar device while under the influence of alcohol or a drug of abuse, under the combined influence of alcohol and a drug of abuse, or with a prohibited concentration of alcohol in the person's blood, urine, or breath, violated section 921.11 of the city code and that the person refused to submit to the chemical test upon the request of the officer, and upon receipt of the form as provided in subsection division (C) of this section certifying that the arrested person was advised of the consequences of the refusal, the chief of the division of watercraft shall inform the person by written notice that the person is prohibited from operating or being in physical control of a vessel, from manipulating or using any water skis, aquaplane, or similar device, and is prohibited from registering any watercraft in accordance with Section 1547.54 of the Revised Code, for one (1) year following the date of the alleged violation of Section 921.11 or similar section of the Revised Code. The suspension of these operation, physical control, manipulation, use, and registration privileges shall continue for the entire one-year period, subject to review as provided in this section.
If the person under arrest is the owner of the vessel involved in the alleged violation, the law enforcement officer who arrested the person shall seize the watercraft registration certificate and tags from the vessel involved in the violation and forward them to the chief. The chief, in addition to informing the person by written notice that the person is prohibited from operating a vessel or using any water-skis, aquaplane, or similar device, and from registering any watercraft in accordance with Section 1547.54 of the Revised Code, for one (1) year following the date of the alleged violation, shall retain the impounded registration certificate and tags, and shall impound all other registration certificates and tags issued to the person in accordance with Sections 1547.54 and 1547,.57 of the Revised Code, for a period of one (1) year following the date of the alleged violation, subject to review as provided in this section.
If the arrested person fails to surrender the registration certificate because it is not on the person of the arrested person or in the watercraft, the law enforcement officer who made the arrest shall order the person to surrender it within twenty-four (24) hours to the law enforcement officer or the law enforcement agency that employs the law enforcement officer. If the person fails to do so, the law enforcement officer shall notify the Chief of the Division of Watercraft of that fact in the statement the officer submits to the chief under this section division.
(E) Upon suspending a person's operation, physical control, manipulation, use, and registration privileges in accordance with subsection division (D) of this section, the Chief of the Division of Watercraft shall notify the person in writing, at the person's last known address, and inform the person that the person may petition for a hearing in accordance with subsection division (F) of this section. If a person whose operation, physical control, manipulation, use, and registration privileges have been suspended petitions for a hearing or appeals any adverse decision, that is adverse to the person, the suspension of privileges shall begin at the termination of any hearing or appeal unless the hearing or appeal resulteds in a decision favorable to the person.
(F) Any person who has been notified by the Chief of the Division of Watercraft that the person is prohibited from operating or being in physical control of a vessel or using manipulating any water skis, aquaplane, or similar device and from registering any watercraft in accordance with Section 1547.54 of the Revised Code, or who has had the registration certificate and tags of the person's watercraft impounded pursuant to subsection division (D) of this section, within twenty (20) days of the notification or impoundment, may file a petition in the municipal court or the county court, or if the person is a minor in juvenile court, in whose with jurisdiction over the place at which the arrest occurred, agreeing to pay the cost of the proceedings and alleging error in the action taken by the Chief of the Division of Watercraft under subsection division (D) of this section or alleging one (1) or more of the matters within the scope of the hearing as provided in this section, or both. The petitioner shall notify the Chief of the Division of Watercraft of the filing of this the petition and send the Chief of the Division of Watercraft a copy of the petition.
The scope of the hearing is limited to the issues of whether the law enforcement officer had reasonable grounds to believe the petitioner was operating or in physical control of a vessel or using manipulating any water skis, aquaplane, or similar device while under the influence of alcohol or a drug of abuse, under the combined influence of alcohol and a drug of abuse, or with a prohibited concentration of alcohol or a drug of abuse in the person's blood, urine, or breath, in violation of section 921.11 of the city code, whether the petitioner was placed under arrest, whether the petitioner refused to submit to the chemical test upon request of the offender officer, and whether the petitioner was advised of the consequences of the petitioner's refusal.
(G) (1) The Chief of the Division of Watercraft shall furnish the court a copy of the affidavit as provided in subsection division (C) of this section and any other relevant information requested by the court.
(2) In hearing the matter and in determining whether the person has shown error in the decision taken by the Chief of the Division of Watercraft as provided in subsection division (D) of this section, the court shall decide issue upon the relevant, competent, and material evidence submitted by the Chief of the Division of Watercraft or the person whose operation, physical control, manipulation, use, and registration privileges have been suspended.
In the proceedings, the Chief of the Division of Watercraft shall be represented by the prosecuting attorney of the county in which the petition is filed if the petition is filed in a county court or juvenile court, except that if the arrest occurred within a city or village within the jurisdiction of the county court in which the petition is filed, the city director of law or village solicitor of that city or village shall represent the Chief of the Division of Watercraft. If the petition is filed in the municipal court, the Chief of the Division of Watercraft shall be represented as provided in Section 1901.34 of the Revised Code.
(3) If the court finds from the evidence submitted that the person has failed to show error in the action taken by the Chief of the Division of Watercraft under subsection division (D) of this section or in one (1) or more of the matters within the scope of the hearing as provided in subsection division (F) of this section, or both, the court shall assess the cost of the proceeding against the person and shall uphold the suspension of the operation, physical control, manipulation, use, and registration privileges provided in subsection division (D) of this section. If the court finds that the person has shown error in the action taken by the Chief of the Division of Watercraft under subsection division (D) of this section or in one (1) or more of the matters within the scope of the hearing as provided in subsection division (F) of this section, or both, the cost of the proceedings shall be paid out of the county treasury of the county in which the proceedings were held, the chief shall reinstate the operation, physical control, manipulation, use, and registration privileges of the person shall be reinstated without charge, and the chief shall return the registration certificate and tags, if impounded, shall be returned without charge.
(4) The court shall give information in writing of any action taken under this section to the Chief of the Division of Watercraft.
(H) At the end of any period of suspension or impoundment imposed under this section, and upon request of the person whose operation, physical control, manipulation, use, and registration privileges were suspended or whose registration certificate and tags were impounded, the chief shall reinstate the person's operation, physical control, manipulation, use, and registration privileges by written notice and return the certificate and tags.
(I) No person who has received written notice from the Chief of the Division of Watercraft that the person is prohibited from operating or being in physical control of a vessel, from manipulating or using any water skis, aquaplane, or similar device, and from registering a watercraft, or who has had the registration certificate and tags of the person's watercraft impounded, in accordance with subsection division (D) of this section, shall operate or be in physical control of a vessel or use manipulate any water skis, aquaplane, or similar device, for a period of one (1) year following the date of the person's alleged violation of Section 921.11 of the city code or similar statute in the Revised Code. (ORC §1547.111)
921.99 Penalties.
(A) Whoever violates Section 921.01-06, 921.01-07, 921.01-08, 921.10, subsection division (I) of Section 921.111, Section 921.13, 921.34, 921.66 or Section 921.70 of this chapter is guilty of a misdemeanor of the first degree.
(B) Whoever violates a provision of this chapter or a rule adopted thereunder, for which no penalty is otherwise provided, is guilty of a minor misdemeanor.
(C) Whoever violates Section 921.07 or 921.12 of this chapter without causing injury to persons or damage to property is guilty of a misdemeanor of the fourth degree.
(D) Whoever violates Section 921.07, 921.12, or 921.92 of the city code causing injury or damage to property is guilty of a misdemeanor of the third degree.
(E) Whoever violates subsection (G) of Section 921.30 or Section 921.131, 921.25, 921.321, 921.33, 921.38, 921.39, 921.40, 921.69, or 921.92 of this chapter is guilty of a misdemeanor of the fourth degree.
(F) Whoever violates Section 921.11 of the city code is guilty of a misdemeanor of the first degree and shall be punished as provided in subsection (F)(1), (2) or (3) of this section.
(1) Except as otherwise provided in subsection division (F)(2) or (3) of this section, the court shall sentence the offender to a term of imprisonment of three (3) consecutive days and may sentence the offender pursuant to Section 2929.2124 of the Revised Code to a longer jail term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty ($150.00) or more than one thousand dollars ($1,000.00).
The court may suspend the execution of the mandatory jail term of three (3) consecutive days of imprisonment, that it is required to impose by subsection division (F)(1) of this section in if the court, in lieu of the suspended jail term of imprisonment, places the offender on probation under a community control sanction pursuant to section 2929.25 of the Revised Code and requires the offender to attend, for three (3) consecutive days, a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code. The court also may suspend the execution of any part of the mandatory jail term of three (3) consecutive days of imprisonment that it is required to impose by subsection division (F)(1) of this section if the court places the offender on probation under a community control sanction pursuant to section 2929.25 of the Revised Code for part of the three (3) consecutive days; requires the offender to attend, for that part of the three (3) consecutive days, a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code; and sentences the offender to a jail term of imprisonment equal to the remainder of the three (3) consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of probation community control, to attend and satisfactorily complete any treatment or education programs, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the program. The court also may impose any other conditions of probation community control on the offender that it considers necessary.
(2) If, within five (5) six (6) years of the offense, the offender has not been convicted of or pleaded guilty to a one violation of Section 921.11 of the city code, or Section 1547.11 of the Revised Code, or a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse a combination of them, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device with a prohibited concentration of alcohol in the blood, breath or urine, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, of subsection division (A)(1) of Section 2903.06 of the Revised Code, or of division (A)(2), (3), or (4) of section 2903.06 of the Revised Code or former Section 2903.06 or 2003.07 of the Revised Code as they existed prior to March 23, 2000, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse a combination of them, the court shall sentence the offender to a jail term of imprisonment of ten (10) consecutive days and may sentence the offender pursuant to Section 2929.2124 of the Revised Code to a longer jail term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty ($150.00) or nor more than one thousand dollars ($1,000.00).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code.
(3) If, within five (5) six (6) years of the offense, the offender has been convicted of or pleaded guilty to more than one (1) violation of subsection identified in division (F)(2) of this section, the court shall sentence the offender to a jail term of imprisonment of thirty (30) consecutive days and may sentence the offender to a longer jail term of imprisonment of not more than one (1) year. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty ($150.00) or more than one thousand dollars ($1,000.00).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code.
(4) Upon a showing that imprisonment serving a jail term would seriously affect the ability of an offender sentenced pursuant to subsection division (F) (1), (2) or (3) of this section to continue the offender's employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the mandatory jail term of three (3), ten (10) or thirty (30) consecutive days of imprisonment that the court is required by subsection division (F)(1), (2) or (3) of this section to impose. No court shall authorize work release from imprisonment during the three (3), ten (10), or thirty (30) consecutive days of imprisonment that the court is required by subsection (F)(1), (2), or (3) of this section to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment in which the jail term is served and the time actually spent under employment.
(5) Notwithstanding any section of the city code or Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment being imprisoned of serving a jail term, no court shall suspend the mandatory jail term of ten (10) or thirty (30) consecutive days of imprisonment required to be imposed by subsection division (F)(2) or (3) of this section or place an offender who is sentenced pursuant to subsection division (F)(2) or (3) of this section in any treatment program in lieu of imprisonment being imprisoned or serving jail term until after the offender has served the mandatory jail term of ten (10) or thirty (30) consecutive days of imprisonment required to be imposed pursuant to subsection (F)(2) or (3) of this section. Notwithstanding any section of the city code or Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment being imprisoned or serving a jail term, no court, except as specifically authorized by subsection division (F)(1) of this section, shall suspend the mandatory jail term of three (3) consecutive days of imprisonment required to be imposed by subsection division (F)(1) of this section or place an offender who is sentenced pursuant to subsection division (F)(1) of this section in any treatment program in lieu of imprisonment until after the offender has served the mandatory jail term of three (3) consecutive days of imprisonment required to be imposed pursuant to subsection division (F)(1) of this section.
(6) As used in division (F) of this section, "jail term" and "mandatory jail term" have the same meaning as in section 2929.01 of the Revised Code.
(G) Whoever violates Section 921.304 of the city code or similar section of the Revised Code is guilty of a misdemeanor of the fourth degree and also shall be assessed any costs incurred by the city in disposing of an abandoned junk vessel or outboard motor, less any money accruing to the city.
(H) Whoever violates subsection (B) or (C) of Section 921.49 of the city code or similar section of the Revised Code is guilty or a minor misdemeanor.break2
(I) Whoever violates Section 921.31 of the city code or 154.31 of the Revised Code is guilt offense. On each subsequent offense, the person is guilty of a misdemeanor of the third degree.
(J) Whoever violates Section 921.05 or 921.051 of the city code or 1547.05 or 1547.051 of the Revised Code is guilty of a misdemeanor of the fourth degree if the violation is not related to a collision, injury to a person, or damage to property and a misdemeanor of the third degree if the violation is related to a collision, injury to a person, or damage to property.
(K) The sentencing court, in addition to the penalty provided under this section for a violation of this chapter or rule adopted under it that involves a powercraft powered by more than ten (10) horsepower and that, in the opinion of the court, involves a threat to the safety of persons or property, shall order the offender to complete successfully a boating course approved by the national association of state boating law administrators before the offender is allowed to operate a powercraft powered by more than ten (10) horsepower on the waterways of this city. Violation of a court order under this subsection division is punishable as contempt under Chapter 2705 of the Revised Code.
2133.01 Operating a vehicle under the influence.
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this City, if, at the time of the operation, any of the following apply:
(1) (a)The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) (b)The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
(3) (c)The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
(4) (d)The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of on gram by weight of alcohol per two hundred ten liters of the person's breath.
(5) (e)The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(6) (f)The person has a conctaton of sevetn-hundredths of one per cent or more b weigt per uit volume of alcohol in the person's whole lood.
(7) (gThe person hasocntration of two hundred four-thousandths of one per cent or more by weight per unit volme of alcohol in the person's blood serum or plasma.
(8) (h)The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath.
(9) (i)The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
(i) The person has a concentration of amphetamine in the person's urine of at least five hundred nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma.
(iv) The person has a concentration of heroin in the person's urine of at least two thousand nanograms of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's urine of at least twenty-five nanograms of L.S.D. per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood serum or plasma of at least ten nanograms of L.S.D. per milliliter of the person's whole blood or blood serum or plasma.
(vii) The person has a concentration of marihuana in the person's urine of at least ten nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, as measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least fifteen nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least thirty-five nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the person's urine of at least five hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(x) The person has a concentration of phencyclidine in the person's urine of at least twenty-five nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma.
(2) No person who, within twenty years of the conduct described in division (A)(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division, division (A)(1) or (B) of this section, or a municipal OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol, a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley as described in division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or tests under section 4511.191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) No person under twenty-one years of age shall operate any vehicle within this City, if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(C) In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.
(D)(1) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within two three hours of the time of the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in division (A) of section 4511.192 of the Revised Code as the maximum period of time during which a person may consent to a chemical test or tests as described in that section.
When a person submits to a blood test at the request of a law enforcement officer under section 4511.191 of the Ohio Revised Code, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or alcohol and drug combination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood.
The bodily substance withdrawn shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director pursuant to section 3701.143 of the Ohio Revised Code.
(2) In a criminal prosecution or juvenile court proceeding for a violation of division (A) of this section, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(1) (2), (3), (4), and (5) (b), (c), (d), and (e) of this section, or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of division (A)(1)(j) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (B) of this section.
(3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis.
The person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. The form to be read to the person to be tested, as required under section 4511.192 of the Ohio Revised Code, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this section, "national highway traffic safety administration" means the national highway traffic safety administration established as an administration of the United States department of transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply:
(i) The officer may testify concerning the results of the field sobriety test so administered.
(ii) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced under division (D)(4)(b)(i) or (ii) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
(c) Division (D)(4)(b) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (D)(4)(b) of this section.
(E)(1) Subject to division (E)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (A)(1) (2), (3), (4), (5), (6), (7), (8), or (9) (b), (c), (d), (e), (f), (g), (h), (i), or (j) or (B)(1), (2), (3), or (4) of this section or for an equivalent offense that is substantially equivalent to any of those divisions, a laboratory report from any forensic laboratory certified personnel issued a permit by the Ohio Department of Health authorizing an analysis as described in this division that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division shall be admitted as prima-facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following:
(a) The signature, under oath, of any person who performed the analysis;
(b) Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties;
(d) An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the Ohio Department of Health.
(2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (E)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice.
(F) Except as otherwise provided in this division, any physician, registered nurse, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
(G)(1) Whoever violates any provision of divisions (A)(1)(a) to (i) or (A)(2) to (9) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates division (A)(1)(j) of this section is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance. The court shall sentence the offender for either offense under Chapter 2929. of the Ohio Revised Code, except as otherwise authorized or required by divisions (G)(1)(a) to (e) of this section:
(a) Except as otherwise provided in division (G)(1)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) , (2), (3), (4), or (5) of this section, a mandatory jail term of three consecutive days. As used in this division, three consecutive days means seventy-two consecutive hours. The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months.
The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender on probation and requires the offender to attend, for three consecutive days, a drivers' intervention program certified under section 3793.10 of the Ohio Revised Code. The court also may suspend the execution of any part of the three-day jail term under this division if it places the offender on probation for part of the three days, requires the offender to attend for the suspended part of the term a drivers' intervention program so certified, and sentences the offender to a jail term equal to the remainder of the three consecutive days that the offender does not spend attending the program. The court may require the offender, as a condition of probation and in addition to the required attendance at a drivers' intervention program, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 3793. of the Ohio Revised Code by the Ohio Director of Alcohol and Drug Addiction Services that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose on the offender any other conditions of probation that it considers necessary.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) (6), (7), (8), or (9) of this section, except as otherwise provided in this division, a mandatory jail term of at least three consecutive days and a requirement that the offender attend, for three consecutive days, a drivers' intervention program that is certified pursuant to section 3793.10 of the Ohio Revised Code. As used in this division, three consecutive days means seventy-two consecutive hours. If the court determines that the offender is not conducive to treatment in a drivers' intervention program, if the offender refuses to attend a drivers' intervention program, or if the jail at which the offender is to serve the jail term imposed can provide a driver's intervention program, the court shall sentence the offender to a mandatory jail term of at least six consecutive days.
The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 3793. of the Ohio Revised Code by the Ohio Director of Alcohol and Drug Addiction Services, in addition to the required attendance at drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary.
(iii) In all cases, a fine of not less than three hundred and not more than one thousand dollars;
(iv) In all cases, pursuant to section 4510.07 of the Ohio Revised Code, a class five license suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (A)(5) of section 4510.02 of the Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Ohio Revised Code.
(b) Except as otherwise provided in division (G)(1)(e) of this section, an offender who previously has been convicted of or pleaded guilty to one violation of division (A) or (B) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) , (2), (3), (4), or (5) of this section, a mandatory jail term of ten consecutive days. The court shall impose the ten-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the ten-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months.
In addition to the jail term or the term of electronically monitored house arrest and jail term, the court may require the offender to attend a drivers' intervention program that is certified pursuant to section 3793.10 of the Ohio Revised Code. If the operator of the program determines that the offender is alcohol dependent, the program shall notify the court, and, subject to division (I) of this section, the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by section 3793.02 of the Ohio Revised Code.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) (6), (7), (8), or (9) of this section, except as otherwise provided in this division, a mandatory jail term of twenty consecutive days. The court shall impose the twenty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the twenty-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months.
In addition to the jail term or the term of electronically monitored house arrest and jail term, the court may require the offender to attend a driver's intervention program that is certified pursuant to section 3793.10 of the Ohio Revised Code. If the operator of the program determines that the offender is alcohol dependent, the program shall notify the court, and, subject to division (I) of this section, the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by section 3793.02 of the Ohio Revised Code.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929. of the Ohio Revised Code, a fine of not less than four hundred and not more than one thousand five hundred dollars;
(iv) In all cases, pursuant to section 4510.07 of the Ohio Revised Code, a class four license suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of he Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Ohio Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name immobilization of the vehicle involved in the offense for ninety days in accordance with section 4503.233 of the Ohio Revised Code and impoundment of the license plates of that vehicle for ninety days.
(c) Except as otherwise provided in division (G)(1)(e) of this section, an offender who previously has been convicted of or pleaded guilty to two violations of division (A) or (B) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) , (2), (3), (4), or (5) of this section, a mandatory jail term of thirty consecutive days. The court shall impose the thirty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the thirty-day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929. of the Ohio Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.break3
(ii) If the sentence is being impose or (i) or division (A)(2) (6), (7), (8) or (9) of this section, a mandatory jail term of sixty consecutive days. The court shall impose the sixty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the sixty-day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929. of the Ohio Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929. of the Ohio Revised Code, a fine of not less than five hundred fifty and not more than two thousand five hundred dollars;
(iv) In all cases, pursuant to section 4510.07 of the Ohio Revised Code, a class three license suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Ohio Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the offense in accordance with section 4503.234 of the Ohio Revised Code.
(vi) In all cases, participation in an alcohol and drug addiction program authorized by section 3793.02 of the Ohio Revised Code, subject to division (I) of this section.
(d) Except as otherwise provided in division (G)(1)(e) of this section, an offender who previously has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) , (2), (3), (4), or (5) of this section, a mandatory jail term of sixty consecutive days. The court shall impose the sixty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the sixty-day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929. of the Ohio Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) (6), (7), (8), or (9) of this section, a mandatory term jail term of one hundred twenty consecutive days. The court shall impose the one hundred twenty day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the one hundred twenty day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929. of the Ohio Revised Code, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929. of the Ohio Revised Code, a fine of not less than eight hundred nor more than ten thousand dollars;
(iv) In all cases, pursuant to section 4510.07 of the Ohio Revised Code, a class three license suspension of the offender's driver's license, commercial driver's licens, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under sctions 4510.021 and 4510.13 of the Ohio Revised ode.
(v) n all caes, if tevehicle is registered in the offendr's ame, criminal forfeiture of the vehicle involved in the offene in accordance with sectin 4503.234 of the Ohio Revised Code.
(vi) In all cases, prticipioinanalcohol and drug addiction program authorized by section 3793.02 of the Ohio Revsed Code, subject to division (I) of this section.
(e) (i) If, within six years of the instant offense, the offender has been convicted of or pleaded guilty to three or more four violations of divisions (A) or (B) of this section or other equivalent offenses or, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature, the offender is guilty of a felony to be prosecuted under appropriate state law.
(ii) If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of section 4511.19 of the Ohio Revised Code under circumstances in which the violation was a felony, regardless of when the prior violation and the prior conviction or guilty plea occurred, the offender is guilty of a felony to be prosecuted under appropriate state law.
(2) An offender who is convicted of or pleads guilty to a violation of division (A) of this section and who subsequently seeks reinstatement of the driver's or occupational driver's license or permit or nonresident operating privilege suspended under this section as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in division (F)(2) of section 4511.191 of the Ohio Revised Code.
(3) If an offender is sentenced to a jail term under division (G)(1)(b)(i) or (ii), (G)(1)(c)(i) or (ii), or (G)(1)(d)(i) or (ii) of this section and if, within sixty days of sentencing of the offender, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the term, the offender will not be able to begin serving that term within the sixty-day period following the date of sentencing, the court may impose an alternative sentence under this division that includes a term of electronically monitored house arrest, as defined in section 2929.23 of the Ohio Revised Code.
As an alternative to a mandatory jail term of ten consecutive days required by division (G)(1)(b)(i) of this section, the court, under this division, may sentence the offender to five consecutive days in jail and not less than eighteen consecutive days of electronically monitored house arrest. The cumulative total of the five consecutive days in jail and the period of electronically monitored house arrest shall not exceed six months. The five consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of twenty consecutive days required by division (G)(1)(b)(ii) of this section, the court, under this division, may sentence the offender to ten consecutive days in jail and not less than thirty-six consecutive days of electronically monitored house arrest. The cumulative total of the ten consecutive days in jail and the period of electronically monitored house arrest shall not exceed six months. The ten consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to a mandatory jail term of thirty consecutive days required by division (G)(1)(c)(i) of this section, the court, under this division, may sentence the offender to fifteen consecutive days in jail and not less than fifty-five consecutive days of electronically monitored house arrest. The cumulative total of the fifteen consecutive days in jail and the period of electronically monitored house arrest shall not exceed one year. The fifteen consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty consecutive days required by division (G)(1)(c)(ii) of this section, the court, under this division, may sentence the offender to thirty consecutive days in jail and not less than one hundred ten consecutive days of electronically monitored house arrest. The cumulative total of the thirty consecutive days in jail and the period of electronically monitored house arrest shall not exceed one year. The thirty consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to a mandatory jail term of sixty consecutive days required by division (G)(1)(d)(i) of this section, the court, under this division, may sentence the offender to thirty consecutive days in jail and not less than seventy consecutive days of electronically monitored house arrest. The cumulative total of the thirty consecutive days in jail and the period of electronically monitored house arrest shall not exceed one year. The thirty consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of one hundred twenty consecutive days required by division (G)(1)(d)(ii) of this section, the court, under this division, may sentence the offender to sixty consecutive days in jail and not less than one hundred seventy consecutive days of electronically monitored house arrest. The cumulative total of the sixty consecutive days in jail and the period of electronically monitored house arrest shall not exceed one year. The sixty consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
(4) If an offender's driver's or occupational driver's license or permit or nonresident operating privilege is suspended under division (G) of this section and if section 4510.13 of the Ohio Revised Code permits the court to grant limited driving privileges, the court may grant the limited driving privileges only if the court imposes as one of the conditions of the privileges that the offender must display on the vehicle that is driven subject to the privileges restricted license plates that are issued under section 4503.231 of the Ohio Revised Code, except as provided in division (B) of that section.
(5) If title to a motor vehicle that is subject to an order of criminal forfeiture under division (G)(1)(c) or (d) of this section is assigned or transferred and division (B)(2) or (3) of section 4503.234 of the Ohio Revised Code applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers association.
(H) Whoever violates division (B) of this section is guilty of operating a vehicle after underage alcohol consumption and shall be punished as follows:
(1) Except as otherwise provided in division (H)(2) of this section, the offender is guilty of a misdemeanor of the fourth degree. In addition to any other sanction imposed for the offense, the court shall impose a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Ohio Revised Code.
(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of division (A) or (B) of this section or other equivalent offenses, the offender is guilty of a misdemeanor of the third degree. In addition to any other sanction imposed for the offense, the court shall impose a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Ohio Revised Code.
(I)(1) No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Chapter 3793. of the Ohio Revised Code by the Ohio Director of Alcohol and Drug Addiction Services.
(2) An offender who stays in a drivers' intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that an offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court's indigent drivers' alcohol treatment fund.
(J) If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension.
(K) Division (A)(1)(j) of this section does not apply to a person who operates a vehicle, streetcar, or trackless trolley while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that division, if both of the following apply:
(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
(K) (L)All terms defined in sections 4510.01 of the Ohio Revised Code apply to this section. If the meaning of a term defined in section 4510.01 of the Ohio Revised Code conflicts with the meaning of the same term as defined in section 4501.01 or 4511.01 of the Ohio Revised Code, the term as defined in section 4510.01 of the Ohio Revised Code applies to this section. (ORC §4511.19)
2133.011 Definitions.
As used in Chapter 2133:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section 4511.19 of the Ohio Revised Code;
(2) A violation of any municipal OVI ordinance, including divisions (A) or (B) of 2133.01 of the Columbus City Code;
(3) A violation of section 2903.04 of the Ohio Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section;
(4) A violation of division (A)(1) of section 2903.06 or 2903.08 of the Ohio Revised Code or a municipal ordinance that is substantially equivalent to either of those divisions;
(5) A violation of division (A)(2), (3), or (4) of section 2903.06 of the Ohio Revised Code, division (A)(2) of section 2903.08 of the Ohio Revised Code, or former section 2903.07 of the Ohio Revised Code, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which a judge or jury as the trier of fact found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them;
(6) A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) or (B) of section 4511.19 of the Ohio Revised Code;
(7) A violation of a former law of this state that was substantially equivalent to division (A) or (B) of section 4511.19 of the Ohio Revised Code.
(B) "Mandatory jail term" means the mandatory term in jail of three, six, ten, twenty, thirty, sixty, or one hundred twenty days that must be imposed under division (G)(1)(a), (b), (c) or (d) of section 2133.01 upon an offender convicted of a violation of division (A) of that section and in relation to which all of the following apply:
(1) Except as specifically authorized under section 2133.01, the term must be served in a jail.
(2) Except as specifically authorized under section 2133.01, the term cannot be suspended, reduced, or otherwise modified pursuant to sections 2929.51, 2951.02, or any other provision of the Ohio Revised Code.
(C) "Municipal OVI ordinance" and "municipal OVI offense" mean any municipal ordinance prohibiting a person from operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
(D) "Community residential sanction," "jail," "mandatory prison term," "mandatory term of local incarceration," "sanction," and "prison term" have the same meanings as in section 2929.01 of the Ohio Revised Code.
(E) "Drug of abuse" has the same meaning as in section 4506.01 of the Revised Code. (ORC §4511.181)
2133.012 Physical control.
(A) As used in this section, :
(1) "National highway traffic safety administration" has the same meaning as in section 4511.19 of the Ohio Revised Code.
(2) "pPhysical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's or trackless trolley's ignition key or other ignition device.
(B) No person shall be in physical control of a vehicle, streetcar, or trackless trolley while under the influence of alcohol, a drug of abuse, or a combination of them or while the person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in division (A)(2), (3), (4), or (5) of section 2133.01. if, at the time of the physical control, any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person's whole blood, blood serum or plasma, breath or urine contains at least the concentration of alcohol specified in division (A)(1)(b), (c), (d), or (e) of section 2133.01 of the city code.
(3) Except as provided in division (E) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in division (A)(1)(j) of section 2133.01 of the city code.
(C)(1) In any criminal prosecution or juvenile court proceeding for a violation of this section or a substantially equivalent municipal ordinance, if a law enforcement officer has administered a field sobriety test to the person in physical control of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply:
(a) The officer may testify concerning the results of the field sobriety test so administered.
(b) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
(c) If testimony is presented or evidence is introduced under division (C)(1)(a) or (b) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence, and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
(2) Division (C)(1) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (C)(1) of this section.
(C) (D)Whoever violates this section is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Ohio Revised Code.
(E) Division (B)(3) of this section does not apply to a person who is in physical control of a vehicle, streetcar, or trackless trolley while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in division (A)(1)(j) of section 4511.19 of the Revised Code, if both of the following apply:
(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions. (ORC §4511.194)
2141.01 Definitions.
As used in the Traffic Code:
(a) "Cancel" or "cancellation" means the annulment or termination by the bureau of motor vehicles of a driver's license, commercial driver's license, temporary instruction permit, probationary license or nonresident operating privilege because it was obtained unlawfully, issued in error, altered, or willfully destroyed, or because the holder no longer is entitled to the license, permit, or privilege.
(b) "Drug abuse offense," "cocaine," and "L.S.D." have has the same meanings as in Section 2925.01 of the Ohio Revised Code.
(c) "Ignition interlock device" has the same meaning as in Section 4510.01 of the Ohio Revised Code.
(d) "Immobilizing or disabling device" has the same meaning as in Section 4510.01 of the Ohio Revised Code.
(e) "Moving violation" means any violation of any statute or ordinance that regulates the operation of vehicles, streetcars or trackless trolleys on the highways or streets. "Moving violation" does not include a violation of Section 4513.263 of the Ohio Revised Code or a substantially equivalent municipal ordinance, a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements or vehicle registration.
(f) "Prototype device" means any testing device to monitor limited driving privileges that has not yet been approved or disapproved by the Ohio Director of Public Safety.
(g) "Suspend" or "suspension" means the permanent or temporary withdrawal, by action of a court or the bureau of motor vehicles, of a driver's license, commercial driver's license, temporary instruction permit, probationary license or nonresident operating privilege for the period of the suspension or the permanent or temporary withdrawal of the privilege to obtain a license, permit or privilege of that type for the period of the suspension.
(h)"Controlled substance" and "marihuana" have the same meanings as in section 3719.01 of the Ohio Revised Code.
(i) As used in Chapter 2141, "drug of abuse" has the same meaning as in section 4506.01 of the Revised Code. (ORC §§4510.01; 4510.011)
2141.02 Temporary instruction permit.
(a) No person who holds a temporary instruction permit and temporary instruction permit identification card issued under division (A) of section 4507.05 of the Ohio Revised Code shall operate a motor vehicle upon a street or highway or any public of private property used by the public for purposes of vehicular travel or parking in this City in violation of the conditions established under division (A) of section 4507.05 of the Ohio Revised Code.
(b) No person who holds a temporary instruction permit and temporary instruction permit identification card to operate a motorcycle or motorized bicycle shall operate a motorcycle or motorized bicycle upon a street or highway or any public or private property used by the public for purposes of vehicular travel or parking in this City in violation of the conditions established by the registrar of the bureau of motor vehicles and as established under division (B) of section 4507.05 of the Ohio Revised Code.
(c) Whoever violates this section is guilty of a minor misdemeanor. (ORC 4507.05)
Section 2. That for the reasons stated herein, which are hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten days after passage if the Mayor neither signs nor vetoes the same.